SHEO NATH Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) The appellants are Sheo Nath, his son Sarvadeo and one Suresh who have been convicted under Section 324, I.P.C. read with Section 34, I.P.C. and each sentenced to undergo R.I. for two years by judgment dated 11/06/1981 passed by Sri Hem Raj Ram, the then II Additional Sessions Judge, Ballia in S.T. No. 45 of 1981. The trial was held under Section 307, I.P.C. read with Section 34, I.P.C.

(2.) The basis of the prosecution was the F.I.R. lodged by Rajendra Singh son of injured Gauri Shanker Singh P.W. 1 at the concerned police station on 25-11-1979 at 2.30 a.m. The incident took place in between the night of 24/25-11-1979 close to midnight at the tube well of the complainant situated in Village-Katahura, Police Station, Rashra, District Ballia.

(3.) The relevant facts are that in the evening of 24-11-1979 Sheo Nath and Suresh accused approached Gauri Shanker Singh for providing water for irrigation from his tube well. Gauri Shanker Singh expressed his inability because of the scarcity of electricity. They, however, threatened him with dire consequences in near future. In between the fateful night Gauri Shanker Singh and his brother Brijendra Singh were sleeping inside, the Kothari of their tube well on separate cots. A lantern was glowing. At about 12.30 a.m. he saw flickering of some light outside and gathered the impression that electricity supply had come. He got up from his bed and came out. The three appellants appeared there. Sheo Nath had torch and lathi whereas remaining two were armed with spears. Sheo Nath exhorted the other two to kill Gauri Shanker Singh as he had refused to supply water for irrigation from his tube well. Instantaneously, Sarvadeo and Suresh assaulted Gauri Shanker Singh with spears. On his alarm, his brother Brijendra Singh also came out from the Kothari with flashing torch. He, too, was assaulted. On the shouts of the victims, Ganga Dayal Singh P.W. 3 and Ram Rikh Singh reached and witnessed the incident. The assailants ran away.